Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 49928-49929 [2017-23347]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49928-49929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23347]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2016-0383]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 41 individuals from the 
prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) 
against persons with insulin-treated diabetes mellitus (ITDM) from 
operating a commercial motor vehicle (CMV) in interstate commerce. The 
exemptions enable these individuals with ITDM to operate CMVs in 
interstate commerce.

DATES: The exemptions were applicable on April 8, 2017. The exemptions 
expire on April 8, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: https://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to https://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to https://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at https://www.dot.gov/privacy.

II. Background

    On March 8, 2017, FMCSA published a notice announcing receipt of 
applications from 41 individuals requesting an exemption from diabetes 
requirement in 49 CFR 391.41(b)(3) and requested comments from the 
public (82 FR 13050). The public comment period ended on April 7, 2017, 
and four comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting the exemptions to these individuals would 
achieve a level of safety equivalent to or greater than the level that 
would be achieved by complying with the current regulation 49 CFR 
391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes 
found in 49 CFR 391.41(b)(3) states that a person is physically 
qualified to drive a CMV if that person:
    Has no established medical history or clinical diagnosis of 
diabetes mellitus currently requiring insulin for control.

III. Discussion of Comments

    FMCSA received four comments in this proceeding. Janet Sandoval and 
two anonymous commenters stated that they are against granting Mr. Ta 
Canunpa W. Banks the exemption. Ms. Sandoval stated that she does not 
believe Mr. Banks is under sufficient medical care for diabetes and 
that all drivers should be required to regularly see an endocrinologist 
to ensure their diabetes is under control. Quarterly and annual 
monitoring by an endocrinologist and eye doctor is a stipulation of the 
exemption. Drivers are required to submit these reports to the Agency 
on a continuing basis while they hold an exemption. The first anonymous 
commenter stated that Mr. Banks provided falsified information in order 
to obtain a medical card. The second anonymous commenter did not 
provide a reason for their objection to granting Mr. Banks an 
exemption. A third anonymous commenter stated that they were in favor 
of granting the exemptions to all drivers listed in this notice, and 
that the previous three comments appear to be a ``smear campaign'' 
directed towards Mr. Banks as they have no documentation to support 
their claims. FMCSA investigated the claim that Mr. Banks provided 
falsified information in order to obtain a medical card. Mr. Banks did 
not disclose insulin use to his Medical Examiners on exams dated 
January 27, 2017 and February 14, 2017 based on his fear of losing his 
livelihood. However, he did disclose it in the exam submitted as part 
of his exemption application on November 11,

[[Page 49929]]

2016. FMCSA evaluated the medical records provided by Mr. Banks and 
determined that granting him an exemption would achieve an equivalent 
or greater level of safety than would be achieved without granting him 
an exemption.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is 
likely to achieve an equivalent or greater level of safety than would 
be achieved without the exemption. The exemption allows the applicants 
to operate CMVs in interstate commerce.
    The Agency's decision regarding these exemption applications is 
based on the program eligibility criteria and an individualized 
assessment of information submitted by each applicant.
    These 41 applicants have had ITDM over a range of 1 to 27 years. 
These applicants report no severe hypoglycemic reactions resulting in 
loss of consciousness or seizure, requiring the assistance of another 
person, or resulting in impaired cognitive function that occurred 
without warning symptoms, in the past 12 months and no recurrent (two 
or more) severe hypoglycemic episodes in the past five years. In each 
case, an endocrinologist verified that the driver has demonstrated a 
willingness to properly monitor and manage his/her diabetes mellitus, 
received education related to diabetes management, and is on a stable 
insulin regimen. These drivers report no other disqualifying 
conditions, including diabetes related complications. Each meets the 
vision requirement at 49 CFR 391.41(b)(10).
    The qualifications, experience, and medical condition of each 
applicant were stated and discussed in detail in the March 8, 2017 
Federal Register notice (82 FR 13050) and will not be repeated in this 
notice.
    Consequently, FMCSA finds that in each case exempting these 
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is 
likely to achieve a level of safety equal to that existing without the 
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the 
applicants in the exemption document and includes the following: (1) 
Each driver must submit a quarterly monitoring checklist completed by 
the treating endocrinologist as well as an annual checklist with a 
comprehensive medical evaluation; (2) each driver must report within 
two business days of occurrence, all episodes of severe hypoglycemia, 
significant complications, or inability to manage diabetes; also, any 
involvement in an accident or any other adverse event in a CMV or 
personal vehicle, whether or not it is related to an episode of 
hypoglycemia; (3) each driver must provide a copy of the 
ophthalmologist's or optometrist's report to the Medical Examiner at 
the time of the annual medical examination; and (4) each driver must 
provide a copy of the annual medical certification to the employer for 
retention in the driver's qualification file, or keeping a copy in his/
her driver's qualification file if he/she is self-employed. The driver 
must also have a copy of the exemption when driving, for presentation 
to a duly authorized Federal, State, or local enforcement official.

VI. Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 41 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above:

Joseph A. Akers (WV)
Leslie R. Auger (MO)
Ta Canunpa W. Banks (SD)
Ralph E. Beard (MI)
Darrell W. Britnell (NC)
Paul M. Capeder (MN)
Robert D. Carnazzo (MA)
Randall C. Coleman (WA)
Thomas K. Coleman (NC)
Mark A. Cologne (LA)
Christopher J. Comstock (TX)
Alexander H. Cromartie (PA)
Michael R. Dark (TX)
Joseph P. Dellavolpe (NJ)
Shea E. Durand (NY)
David L. Farris (KS)
Donald D. Fown (OH)
Michael L. Gamache (NH)
David P. Glaeser (CO)
Donald J. Gray (CA)
James E. Guthrie, IV (KY)
James F. Hamilton (SD)
Paul R. Hanson (MN)
Jaculyn E. Heck (DE)
Greg J. Isom (GA)
Mark J. Johnson (WA)
Tyson C. Johnson (PA)
Darrell W. Luck (NC)
Gregory L. Markin (WI)
Patrick May (MD)
Elbert J. Means (SC)
Peter R. Meyer (WA)
Andrew R. Morris (WA)
Timothy A. Parks, Jr. (MD)
Dennis Pitt (NY)
Antonio R. Ragin (CT)
Matthew Reynolds (PA)
Robert G. Smith (MA)
Patricia M. Spurgeon (NY)
Robert M. Sypolt (WV)
Brandon R. Wedding (OR)

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption 
will be valid for two years from the effective date unless revoked 
earlier by FMCSA. The exemption will be revoked if the following 
occurs: (1) The person fails to comply with the terms and conditions of 
the exemption; (2) the exemption has resulted in a lower level of 
safety than was maintained prior to being granted; or (3) continuation 
of the exemption would not be consistent with the goals and objectives 
of 49 U.S.C. 31136(e) and 31315.

    Issued on: October 18, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-23347 Filed 10-26-17; 8:45 am]
BILLING CODE 4910-EX-P